Opinion
114N
February 4, 2003.
Order, Supreme Court, New York County (Eileen Bransten, J.), entered September 4, 2001, which denied plaintiff's motion for a default judgment, unanimously affirmed, without costs.
Ephrem Wertenteil, for plaintiff-appellant.
Grace Goodman, for defendants-respondents.
Before: Nardelli, J.P., Andrias, Buckley, Rosenberger, JJ.
The motion was properly denied on the ground that a complaint verified by counsel who does not claim personal knowledge of the facts is insufficient to support a default judgment (see Francisco v. Soto, 286 A.D.2d 573). Absent a complaint or affidavit sworn to by a person with personal knowledge of the facts, defendants were not required to show either a reasonable excuse or a meritorious defense (see Woodson v. Mendon Leasing Corp., 289 A.D.2d 158).
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.